Georgia Worker Fired for Facebook Comments

On behalf of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Monday, February 15, 2016.

Another American worker has been fired for comments made on social media.

An employee at an Atlanta marketing company was fired after posting photos of himself with another employee's son without the mother's knowledge or consent. The photo was a selfie of Gerod Roth-who goes by Geris Hilton on Facebook-with the little boy, who is black, in the background. Roth's friends responded with a torrent of racist comments, referring to the boy as a slave, implying he was homeless, and ironically posting the #blacklivesmatter hashtag. He says the post was taken out of context, and told Atlanta station WAGA-TV that he is also a victim. He says his friends posted the comments and they have nothing to do with his character.

The president of Polaris marketing Group took to social media to defend the boy and his mother, saying he visits the office every day after daycare and that he was disgusted by the post and the comments regarding the boy.

Roth was fired two weeks later, but the company said it was due to unrelated work issues, not the Facebook posting. Roth was fired on September 29, and the company's CEO says he became aware of the Sept 16 post for the first time on October 2.

Georgia is an "at-will" employment state like West Virginia, which means employees can be fired for any reason unless their employee handbook or employment contract states otherwise.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

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